T.T. JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the Headmaster -Manager of an L.P.School,Thiruvamkulam.Petitioner challenges Ext.P15.Ext.P15 is a notification issued by the Government exercising its powers conferred by sub -section(2)of S.14 of Kerala Education Act,1958(6 of 1959 )(hereinafter referred to as 'the Act ') taking the entire management of the school of the petitioner by the Government for a period of 5 years with immediate effect.The notification is dated 4th January 19.91.The explanatory note to the notification reveals certain matters.It is stated that the school in question is a staff management school.The present Headmaster/Manager is the petitioner.He dismantled a permanent building of specification 11.70 m.x 6.15 m unauthorisedly.The locals in a memorandum has complained against the action of the Headmaster/Manager and alleged that the school building was dismantled with the ulterior motive of closing the school.Further,it is stated as a reason for the action taken under S.14(2)of the Act that the school had more than 17 divisions prior to the taking over charge by the petitioner as Headmaster cum Manager and that when the notification was issued,there were only 4 divisions one each in Standards I to IV.It is also stated that the Lower Primary School in question is an institution in the locality which caters to the educational needs of the local public.It is pointed out that the local Panchayat in their resolution dated 26th November 1988 has requested the Government to take urgent action against the Headmaster/ Manager in having dismantled the school building unauthorisedly and that the management should be taken over by the Government.Government further expressed the opinion that the petitioner,cannot improve the quality and efficiency of teaching in the school.The explanatory note refers to Deputy Director's report and the request made by the Deputy Director to take over the management of the school without issuing any notice to the petitioner.It is also stated that Director of Public Instruction has fully endorsed the views of the Deputy Director of Education,Ernakulam and requested the Government to take action as suggested by the Deputy Director of Education,Ernakulam.These are the circumstances,which justified the action of the Government taken under S.14(2)of the Act.

(2.) PETITIONER complains that all the reasons stated are unsustainable,if a proper scrutiny is made in the matter He submits that the action of the Government is without applying its mind properly and for extraneous reasons.When the petition came up for hearing,I directed the Government Pleader to produce the entire files relating to this case for my perusal.I also directed that since the matter requires immediate disposal,Government should file its counter affidavit to the allegations made in the Original Petition.Government has produced the entire files before this Court and has filed a counter affidavit.

(3.) THE counter affidavit further proceeds to say the complaints received by the Government in relation to this school.It is highlighted that the Government has received a complaint in the form of a resolution passed in a public meeting held under the auspices of the citizen council.A special committee meeting of the Thiruvamkulam Panchayat also passed a resolution requesting the Government to take over the administration of the school and save the best interest of the young children of the locality.It is stated that the Deputy Director of Education,Ernakulam has recommended the Director of Public Instruction to advise the Government to take appropriate action in the matter.In conclusion,it is stared in the counter affidavit that the Government found an emergency situation as contemplated under S.14(2)of the Act.